Froot Loops will be on display on November 22, 2024, in Miami, Florida. If House Bill 2354 passes, Froot Loops and other foods containing certain artificial dyes will be banned in West Virginia beginning in 2028. (Joe Raedle|Getty Images)
Lobbyists for the food and beverage industry are fighting a bill that would ban synthetic dyes in food, spending thousands of dollars on ads claiming that it will raise food prices and leave grocery store shelves empty. According to reports, 60% of grocery products could be recalled.
Republicans who support the legislation claim the food industry is using scare tactics and “choosing poison over profit.”
“If you can’t create a product that won’t harm children, don’t put it on our shelves. “I believe that is the message we are sending,” said Sen. Jason Barrett, R-Berkeley.
House Bill 2354 would prohibit the use of artificial colorful dyes in foods sold in West Virginia stores and school meals by 2028. Bill supporters argue that synthetic dyes, such as Red No. 3, are unnecessary, dangerous, and the source of some behavioral issues in children. There are natural and safer alternatives, they claim.
The House of Delegates and Senate had signed off on the bill with bipartisan support, but the House amended it Thursday, removing language that would have penalized anyone selling a food item under $5,000 containing the banned dyes.
“I want to make sure that Toby and Edith aren’t prosecuted for selling something at a bake sale,” said Del. Evan Worrell, R-Campbell.
The Senate must approve the House’s changes before they are sent to Gov. Patrick Morrisey for consideration. Barrett, who has spearheaded Senate efforts on the bill, expects his colleagues, followed by Morrisey, to approve it. It would make West Virginia the first state in the nation to impose a comprehensive ban on food dyes.
“I’m confident that he’ll sign the bill,” Barrett stated.
Americans for Food and Beverage Choice is advocating for Morrisey to veto the bill if it reaches his desk. According to filings with the Federal Communications Commission, the group has spent more than $19,000 on radio ads in the last week and expects to spend more in the coming days. There is also a text message ad campaign underway.
The radio ads claim that politicians have gone “way too far” with this ban and that there are more sensible alternatives.
“This is a law that would make six out of ten grocery store items illegal.” “It will result in higher prices, fewer options, and empty shelves,” said Stacie Rumenap, spokesperson for Americans for Food and Beverage Choice. “The alternative ingredients simply don’t exist to scale.”
The West Virginia Beverage Association also opposes the legislation, claiming that alternative color options do not exist and will take years to catch up.
“This bill will only succeed in one thing: emptying grocery store shelves over ingredients that are proven safe and approved globally…” We urge Gov. Morrisey to veto this misinformed bill in order to protect our economy and West Virginians’ right to choose what is best for their families. “Let us collaborate on practical solutions to these concerns,” the group said in a statement.
A West Virginia nutrition director previously told lawmakers that the ban would only apply to about 30 items currently offered in schools.
According to Rumenap, the bill also jeopardizes jobs because it could cause significant disruption to food suppliers.
Donnie Perdue, vice president of Teamsters Local 175, stated that the bill would result in layoffs at all Pepsi and Coca-Cola facilities represented by Local 175.
“Both Pepsi and Coke have said the dye bill would cause a 50% decrease in their current inventory levels,” he informed me. “No economic analysis has been conducted to determine the impact of banning these drinks and foods in West Virginia.
The states that border West Virginia will be the only winners from this bill, as West Virginians will travel to their state to get their favorite drinks and food, which we no longer have.”
Health and Human Services Secretary Robert F. Kennedy Jr. told food executives this week that eliminating artificial food dyes is a top priority. As dozens of states consider legislation to prohibit food dyes, Barrett said he is “very confident that the ‘no food on the shelves'” argument is a scare tactic.
“Some of these large manufacturers, such as the American Beverage Association, are saying, ‘We’re going to take these products off the shelves.'” Okay, good. That’s what we’re attempting to do,” Barrett explained.
He points out that Aldi, which has banned synthetic colors in its store-brand items, sells its own version of Pop-Tarts that are dye-free and less expensive than Kellogg’s. Instead of using a synthetic dye to color food, use watermelon juice.
Del. Marty Gearheart, R-Mercer, spoke out against the measure, claiming it takes away his ability to choose a product approved by the Federal Drug Administration. He stated that products such as Gatorade could be removed from store shelves.
“They’re simply not going to ship that product to our state,” he told me. “It appears to me … that we want government to do for us and for our children what we won’t do ourselves, and that is restrict consuming.”
Worrell, who prioritized the bill as House Health Chair, expressed regret that lawmakers had to intervene to regulate food.
“I do not want to run bills like this. “I wish we could trust our manufacturers not to put poison in our food,” he stated. “They chose these poisonous chemicals to earn a dollar because we allow it. They can do this at a lower cost.”
Morrisey’s spokesperson did not respond to a request for comment on this story.
